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C'0<IFORN CITY COUNCIL STAFF REPORT
DATE: February 20, 2013 Consent Calendar
SUBJECT: AMENDED CITY POLICY FOR DISCRIMINATION, HARASSMENT AND
RETALIATION
FROM: David H. Ready, City Manager
BY: Department of Human Resources
SUMMARY
The City of Palm Springs complies with all State and Federal law pertaining to
Discrimination, Harassment and Retaliation. As State and Federal law is amended, the
City complies with adopted amendments and the City policy states [in part] "or any
other basis protected by applicable federal, state or local law." Periodically, the City
amends the Administrative Regulation to specifically incorporate any classifications
added by State or Federal law.
RECOMMENDATION:
Receive and File the amended City Administrative Regulation on Discrimination,
Harassment and Retaliation.
STAFF ANALYSIS:
The State of California Department of Fair Employment and Housing Act and Federal
law protects and safeguards the right and opportunity of all persons to seek, obtain and
hold employment and periodically updates the protected classes. The City policy
regarding discrimination and harassment has complied with State and Federal law and
is amended to include subsequent changes in State and Federal laws. The amended
City policy clearly defines the City's continued position regarding equity and equality in
the workplace. There are no other changes to the policy, only those classifications
covered by law are amended in the policy statement as follows (changes highlighted):
The City is committed to providing a workplace free of discrimination,
harassment and retaliation based on an employee's race, religion, creed,
color, national origin, ancestry, veteran status, physical disability, mental
disability, medical condition, genetic information, HIV/Aids related
conditions, pregnancy, use of leave under FMLA and/or CFRA, marital
ITEM NO.
City Council Staff Report
February 20, 2013-- Page 2
Amended City Policy for Discrimination, Harassment and Retaliation
and domestic partner status, family and parental status, age, sex, gender,
gender identity, gender expression, sexual orientation, or any other basis
protected by applicable federal, state or local law (hereinafter referred to
as "Protected Characteristic').
Perry M di on, Director mes Thompson
Departure t of Human Resources Chief of Staff/City Clerk
David H. Ready, City er
Attachments: Administrative Policy Discrimination, Harassment and Retaliation Policy
02
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City of Palm Springs Administrative Policy
Discrimination, Harassment and Retaliation
Policy Statement
The City is committed to providing a workplace free of discrimination, harassment and retaliation
based on an employee's race, religion, creed, color, national origin, ancestry, veteran status, physical
disability, mental disability, medical condition, genetic information, HIV/Aids related conditions,
pregnancy, use of leave under FMLA and/or CFRA, marital and domestic partner status, family and
parental status, age, sex, gender, gender identity, gender expression, sexual orientation, or any other
basis protected by applicable federal, state or local law (hereinafter referred to as "Protected
Characteristic"). The City will not tolerate discrimination harassment or retaliation against employees
by managers, supervisors or co-workers. Further, the City will not tolerate discrimination, harassment
or retaliation against employees by non-employees with whom the City's employees have a business,
service or professional relationship.
Any employee that is found to have committed or participated in prohibited discrimination, harassment
and/or retaliation will be subject to appropriate discipline, up to and including termination. Further,
where such conduct occurs, appropriate action may also be taken to deter any future discrimination,
harassment and/or retaliation.
Statement of Equal Employment Opportunity and Non-Discrimination
The City is an equal opportunity employer and will not discriminate against any qualified employee or
applicant for employment based on any employee's or applicant's Protected Characteristic. Equal
employment opportunity will be extended to all persons in all aspects of the employer-employee
relationship, including recruitment, hiring, training, promotion, transfer, discipline, layoff, recall and
termination.
Prohibited an adverse
employment discrimination is
y d erse employment action respecting the
compensation, terms, conditions, or privileges of employment taken against any applicant or
employee based on any applicant's or employee's Protected Characteristic.
Discrimination Examples
Prohibited discrimination can take many forms and includes, but is not limited to, the following:
1) Basing an employment decision as to a job applicant or employee (eq., decision to hire,
promote, transfer, terminate, etc.) on that applicant's or employee's Protected Characteristic;
2) Treating an applicant or employee differently with regard to any aspect of employment based
upon a Protected Characteristic;
3) Engaging in prohibited harassment, as more specifically defined below; or
4) Engaging in prohibited retaliation by taking adverse employment action (etc., demotion,
transfer, discipline, termination) against an employee based on the employee opposing
discrimination in the workplace, assisting, supporting, or associating with a member of a
03
Page 1 of 4
protected group who complains about discrimination, or assisting in an investigation of
discrimination.
Prohibited Harassment
Prohibited harassment is unwanted verbal, visual, or physical conduct based upon a Protected
Characteristic wherein: (1) submission to the conduct is made either an explicit or implicit condition of
employment; (2) submission to or rejection of the conduct is used as the basis for an employment
decision; or (3) the harassment unreasonably interferes with an employee's work performance or
creates an intimidating, hostile, or offensive work environment.
Harassment Examples
Prohibited harassment may include, but is not limited to, the following unwanted conduct: offensive
jokes, slurs, statements, gestures, pictures, drawings, computer images, cartoons, assault, and/or
impeding or blocking another's movement or otherwise physically interfering with normal work based
upon an employee's Protected Characteristic.
Prohibited Sexual Harassment
Sexual harassment is a form of prohibited harassment that the City affords particular attention through
a specialized complaint procedure set forth in Rule 17 of the City's Personnel Rules. In the event
provisions of this Policy contradict those set forth in Rule 17, the terms and procedures of Rule 17
shall govern.
Sexually harassing conduct includes all of the prohibited actions set forth at Section 17.3.1 above, as
well as other unwelcome conduct such as unwanted sexual advances, requests for sexual favors or
visual, verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a
term or condition of employment; or (2) submission to or rejection of such conduct is used as a basis
for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of
unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or
offensive working environment. Sexual harassment can occur between members of the same or
opposite sex.
Employees are hereby informed that no supervisor, manager, or officer of the City, or other person or
entity doing business with the City, is authorized to condition the receipt or denial of any benefit,
compensation, or other term or condition of employment on an employee's consent to any sexual
demand. To the contrary, all employees are instructed that they must refuse such demands and
report them promptly either to their immediate supervisor or the Personnel Officer. Any employee
who is found to have obtained any benefit from the City because he or she submitted to an unreported
sexual demand may be disciplined appropriately, and may further be subject to reimbursing the City
for the value of any benefits received. Any employee making such a demand may also subject to
appropriate discipline.
Sexual Harassment Examples
Sexual harassment can take many forms and includes, but is not limited to:
1) Unwanted sexual advances;
2) Offering employment benefits in exchange for sexual favors;
City of Palm Springs Administrative Policy 04
Discrimination, Harassment and Retaliation
Page 2 of 4 Revised February 2013
3) Making or threatening reprisals after a negative response to sexual advances;
4) Unwanted visual conduct such as leering, making sexual gestures, displaying of sexually
explicit jokes;
5) Unwanted verbal sexual advances or propositions;
6) Unwanted verbal abuse of a sexual nature, graphic verbal commentary about an individual's
body or dress, sexually degrading words to describe an individual, suggestive or obscene
letters, notes or invitations; and
7) Unwanted physical conduct such as touching, assault, impeding or blocking movements.
Prohibited Retaliation
The City prohibits retaliation against any employee because of (1) the employee's opposition to a
practice the employee reasonably believes to constitute employment discrimination, harassment or
retaliation or (2) because of the employee's participation in an employment discrimination,
harassment or retaliation investigation, proceeding, or hearing.
Examples of Protected Opposition
A complaint about an employment practice constitutes protected opposition only if the employee
communicates to the City a reasonable good faith belief that the practice opposed constitutes
discrimination, harassment and/or retaliation. Protected opposition to perceived discrimination,
harassment or retaliation includes, but is not limited to, threatening to file a discrimination, harassment
and/or retaliation complaint with any federal or state agency, union or court, or complaining or
protesting about alleged discrimination, harassment and/or retaliation to a supervisor, manager, the
Personnel Officer, union official, co-worker or other official. Protected opposition also includes a
complaint or protest made on behalf of another employee or made by the employee's representative.
Opposition not made in good faith, or made in a manner which disrupts the workplace, or which
constitutes an unlawful activity, or which includes badgering or threatening of employees or
supervisors is not protected.
Examples of Protected Participation
Protected participation includes, but is not limited to, filing a charge, testifying, assisting, or
participating in any manner in an investigation, proceeding, hearing or litigation under federal or state
discrimination, harassment or retaliation statutes or at other hearings regarding protected employee
rights, such as unemployment compensation proceedings. The City also prohibits retaliation against
persons closely related to or associated with the employee exercising such rights.
Procedures for Reporting and Investigating Complaints of Discrimination. Harassment and Retaliation
Any incident of discrimination, harassment or retaliation by City personnel or any other person, should
be reported to the employee's immediate supervisor and/or to the Personnel Officer immediately. The
complaint should include details of the incident(s), names of individuals involved, and the names of
any witnesses. An employee is not required to complain first to his or her supervisor if that person is
involved in the reported conduct. Instead, the employee may report the incident to the supervisor of
the employee's immediate supervisor or to the Personnel Officer.
City of Palm Springs Administrative Policy 05
Discrimination, Harassment and Retaliation
Page 3 of 4 Revised February 2013
All complaints are to be made in good faith with a reasonable belief in their accuracy and a
reasonable and good faith belief that prohibited discrimination, harassment or retaliation has occurred.
The procedures herein apply to the prohibited types of discrimination, harassment and retaliation
based on an employee's Protected Characteristic. Employees should feel free, without fear of
retaliation, to follow the procedures set forth herein or in Rule 17 of the City's Personnel Rules if they
believe in good faith that they have been discriminated against, harassed or retaliated against.
Any employee that fails to cooperate with any discrimination, harassment or retaliation investigation
may be subject to appropriate discipline, up to and including termination.
Supervisor's Responsibility
Supervisors and managers must immediately refer all discrimination, harassment and retaliation
complaints to the Personnel Officer. If the Personnel Officer is involved in the reported conduct, the
complaint should instead be referred to the City Attorney.
Personnel Officer's Responsibility
The Personnel Officer shall have every reported complaint of discrimination, harassment and
retaliation investigated, promptly and in a confidential manner, but confidentiality is neither promised
nor assured due to the need to thoroughly investigate such claims, including talking to potential
witnesses.
City Manager's Responsibility
The City Manager or the City Manager's delegate, who shall not be a party to any portion of the
complaint, may conduct an informal hearing for the purpose of further investigation of the complaint or
shall render a final and binding decision regarding the matter.
EmOovee Failure to Follow Procedure
All employees should note that their failure to follow the City's complaint reporting procedure may
result in the defeat of any claim of discrimination, harassment or retaliation, if litigated.
Additional Enforcement Information
Discrimination, harassment and/or retaliation because of an employee's Protected Characteristic are
illegal. In addition to notifying the City about discrimination, harassment and/or retaliation pursuant to
the City's complaint and investigation procedure, affected employees may also direct their complaints
to the federal Equal Employment Opportunity Commission ("EEOC") and the California Department of
Fair Employment and Housing ("DFEH"), which have authority to conduct investigations and
prosecute complaints of discrimination, harassment or retaliation in employment. Time limits for filing
complaints with the EEOC and the DFEH vary and those agencies should be contacted directly for
specific information. The addresses and telephone numbers (as of the date of this policy) are:
EEOC Los Angeles District Office DFEH San Bernardino District Office
255 E. Temple, 4th Floor 1845 S. Business Center Drive, Suite 127
Los Angeles, CA 90012 San Bernardino, CA 92408-3426
Telephone: (213) 894-1000 Telephone: (909) 383-4373
TTY: (213) 894-1121 TTY: (800) 700-2320
City of Palm Springs Administrative Policy 06
Discrimination, Harassment and Retaliation
Page 4 of 4 Revised February 2013